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  5. 18 N.Y.2d 330 (1966)
 

MATTER OF HOGAN v. CULKIN

18 N.Y.2d 330 (1966)

In the Matter of Frank S. Hogan, as District Attorney of New York County, Appellant, v. Gerald P. Culkin, as a Justice of the Supreme Court of the State of New York; Warden of Green Haven Prison, Appellant, and David Betillo, Respondent.

Court of Appeals of the State of New York.

Decided October 27, 1966.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Michael H. Rauch and Samuel A. Hirshowitz of counsel), and Frank S. Hogan, District Attorney (Alan F. Leibowitz of counsel), for appellants.

Joseph Aronstein for respondent.

Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

FULD, J.

The primary question here presented is whether, under CPLR 7004(c), a writ of habeas corpus directed to the warden of a State prison may be made returnable and heard before a Justice of the Supreme Court in a county other than that in which the relator is detained.

The relator is presently serving a sentence of 25 to 40 years (as a parole violator) at Green Haven State Prison in Dutchess County...

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